Ex Parte Alabama Great Southern R. Co.
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by the Alabama Great Southern Railroad Company for certiorari to the 'Court of Appeals to review and revise'the judgment of the said court rendered on the appeal of the Alabama Great Southern Railroad Company against J. L. Wood (90 South. 503). It is not necessary, and was not necessary, to file any tariff with the Railroad Commission with respect to parking of cars.
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Certiorari to Court of Appeals. Petition by the Alabama Great Southern Railroad Company for certiorari to the 'Court of Appeals to review and revise'the judgment of the said court rendered on the appeal of the Alabama Great Southern Railroad Company against J. L. Wood (90 South. 503). It is not necessary, and was not necessary, to file any tariff with the Railroad Commission with respect to parking of cars. Elliott on Railroads, §§ 642, 1396; section 5522, Code 1907. The railroad was not acting as a common carrier in renting parking space. 176 U. S. 498, 20 Sup. Ct. 385, 44 L. Ed. 560; 117 U.…
1Opinion of the CourtThomas, J.
In Emerson v. Central of Georgia Railroad Co., 196 Ala. 280, 284, 72 South. 120, L. R. A. 1916F, 120, where the statement is made that the statute is imperative that the schedule of established rates, fares, and charges must be filed by tbe common carrier with the Railroad Commission (Code, §§ 5521-5523, inclusive), that the .carrier, is prohibited from charging any other rates or amounts than those specified in such schedules of joint rates as may from time to time be lawfully in force (Code, § 5527), and may not discriminate (sections 5531, 5532), and that recovery may be had for…
2Cases cited15 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.Supreme Court of the United States · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- Austin v. BeanSupreme Court of Alabama · 1894
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3Cited by3 opinions
- Alabama Great Southern R. Co. v. HerringSupreme Court of Alabama · 1937
- Watson v. Birmingham Belt R. Co.Supreme Court of Alabama · 1923
- Alabama Great Southern R. Co. v. WoodAlabama Court of Appeals · 1921